Fosamax Warning Claims in MDL Preempted Where Injury Predates Report, Label Change

Federal law preempts failure-to-warn claims asserted by plaintiffs in federal multidistrict litigation who used Fosamax before Sept. 14, 2010, when a medical society reported an association between the osteoporosis drug and atypical femur fracture, the U.S. District Court for the District of New Jersey said March 26 in an unpublished opinion (In re Fosamax (Alendronate Sodium): Prod. Liab. Litig., 2014 BL 84609, D.N.J., No. 08-08).

The court said its June 2013 ruling in a bellwether case applies to all actions in the MDL by plaintiffs who allege Fosamax, a bisphosphonate drug, caused atypical femur fracture. There are 1,113 ...